IN RE ZZZZ BEST CO., INC.

No. 89-55902.

921 F.2d 968 (1990)

In re ZZZZ BEST CO., INC., a California corporation, Debtor. Herbert WOLAS, Chapter 7 Trustee for the Estate of ZZZZ Best Co., Inc., Plaintiff-Appellant, v. UNION BANK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1990.


Attorney(s) appearing for the Case

Terry A. Ickowicz and Steven N. Kurtz, Wolas, Soref & Ickowicz, Los Angeles, Cal., for plaintiff-appellant.

John Graham, Frandzel & Share, Los Angeles, Cal., for defendant-appellee.

Before BROWNING, PREGERSON and LEAVY, Circuit Judges.


PER CURIAM:

ZZZZ Best entered into an eight-month revolving credit agreement with Union Bank in December 1986. It made several payments of interest and loan commitment fees between December 1986 and July 1987, when the company filed for bankruptcy. The trustee, Wolas, tried to recover some of the payments for the benefit of the creditors as preferential transfers avoidable under 11 U.S.C. § 547. The bank defended the payments as being made in the ordinary course...

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